Determination of Child Support Obligation

 
At one time, child support payment amounts were set on a case-by-case basis. Federal Law now requires each state to have guideline formulas in place. Such statewide guidelines ensure uniformity, fairness and efficiency.

Establishing Child Support Payment Levels
Each state develops its guidelines by taking into account the parents' income and expenses. States allow their judges varying degrees of leeway in setting the amount, as long as the general guidelines are followed. Factors which are usually a part of these guidelines include:

  • The child's standard of living before the divorce
  • The basic needs of the child; including education costs, room and board, health insurance, daycare and other special needs
  • The income and overall financial well-being of the custodial parent
  • The non-custodial parent's ability to pay

In most states, the support amount increases as the non-custodial parent's income and the number of children increases. Further, in many states, the support amount decreases as the custodial parent's income rises.

Additional Child Support Considerations

  • Child support amounts can be modified later on when new circumstances cause a substantial change in the amount awarded. Examples include a new job or a significant raise.
  • Parents can agree on a fixed child support rate, which is subject to approval by a judge.
  • In most states, child support payments are enforced by means of a direct wage deduction.
  • When a parent is currently paying child support for children from a previous marriage, some states will allow a deduction for ths amount from their net income figure. Thus this lesser figure is used to determine how much support this parent will pay.